FAC Transaction definition
FAC Transaction means any transaction or series of transactions pursuant to which the Borrower and/or any of its Subsidiaries shall acquire or attempt to acquire, by merger, purchase or otherwise, shares of the common stock of FAC, including (without limitation) any merger or consolidation of any Subsidiary of the Borrower with or into FAC or any tender or exchange offer for such shares, provided that the consideration offered by the Borrower and its Subsidiaries in such transaction or series of transactions shall consist only (other than cash paid for fractional shares) of shares of capital stock of the Borrower (or warrants, options or rights to acquire such capital stock) or cash representing the proceeds (net of underwriting discounts) of any issuances by the Borrower to the third parties of shares of its capital stock (or warrants, options or rights to acquire such capital stock) on or after the Second Amended and Restated Effective Date.